Case: EEOC v. AFG INDUSTRIES INC

2:04-cv-00364 | U.S. District Court for the Eastern District of Tennessee

Filed Date: Sept. 28, 2004

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On September 28, 2004, the Memphis and Nashville offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against AFG Industries, Inc. in the U.s. District Court for the Eastern District of Tennessee. The EEOC alleged that the defendants had violated the rights of the complainant by discharging him when he refused to work on a Saturday due to the fact that he was a practicing Seventh-Day Adventist.On December 28, 2004, the complainant intervened in the case as a p…

On September 28, 2004, the Memphis and Nashville offices of the Equal Employment Opportunity Commission filed a lawsuit under Title VII against AFG Industries, Inc. in the U.s. District Court for the Eastern District of Tennessee. The EEOC alleged that the defendants had violated the rights of the complainant by discharging him when he refused to work on a Saturday due to the fact that he was a practicing Seventh-Day Adventist.

On December 28, 2004, the complainant intervened in the case as a plaintiff. On September 15, 2005, the parties entered into a consent decree, which the court adopted on September 29, 2005. Pursuant to the consent decree, the intervenor-plaintiff voluntarily dismissed his claims against the defendants. Under the terms of the decree, the defendants agreed to pay $65,000 in compensatory damages to the complainant and to expunge his employment record of any reference to the events surrounding this lawsuit. In addition, defendants agreed to provide 2 hours of employment discrimination awareness training to all supervisory and management personnel within 180 days of the consent decree. Oddly, even though the consent decree called for ongoing injunctive relief to last three years, the case was dismissed, on the parties' joint motion, a few days later.

In any event, more than three years has passed and no additional activity appears on the docket, so it is certainly now closed.

Summary Authors

Kristen Sagar (3/17/2008)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14119221/parties/equal-employment-opportunity-commission-v-afg-industries-inc/


Judge(s)

Greer, J. Ronnie (Tennessee)

Inman, Dennis H. (Tennessee)

Attorney for Plaintiff

Coffman, Michele L (Tennessee)

Kores, Katharine W (Tennessee)

Attorney for Defendant

Bovender, William C (Tennessee)

Documents in the Clearinghouse

Documents in this case

2:04-cv-00364

Docket [PACER]

EEOC v. AFG Industries Inc

Oct. 6, 2005

Oct. 6, 2005

Docket
1-1

2:04-cv-00364

Complaint

EEOC v. AFG Industries Inc

Sept. 28, 2004

Sept. 28, 2004

Complaint
13

2:04-cv-00364

Intervener's Complaint

EEOC v. AFG Industries Inc

Jan. 26, 2005

Jan. 26, 2005

Complaint
24

2:04-cv-00364

Consent Decree

EEOC and Johnson v. AFG Industries

Sept. 29, 2005

Sept. 29, 2005

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14119221/equal-employment-opportunity-commission-v-afg-industries-inc/

Last updated Sept. 29, 2026, 10:06 p.m.

Docket for: Equal Employment Opportunity Commission v. AFG Industries, Inc
ECF Number Date Description Link
1 Sept. 28, 2004

COMPLAINT against AFG Industries, Inc, filed by Plaintiff Equal Employment Opportunity Commission. Summons NOT ISSUED. (Attachments: # 1 Civil Cover Sheet)(KDO) (Entered: 09/29/2004)

RECAP
2 Dec. 13, 2004

NOTICE of Appearance by Michele L Coffman, Glenn T McColpin on behalf of Terry R Johnson (Attachments: # 1 Affidavit of Mitchell A Tyner)(RLC, ) (Entered: 12/14/2004)

RECAP
3 Dec. 15, 2004

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. AFG Industries, Inc waiver sent on 11/23/2004, answer due 1/24/2005. (RLC, ) (Entered: 12/21/2004)

RECAP
4 Dec. 28, 2004

MOTION to Strike Intervening Complaint by AFG Industries, Inc. (Attachments: # 1 Memorandum In Support of Defendant's Motion to Strike Intervening Complaint# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D)(Steel, Laura) (Entered: 12/28/2004)

RECAP
5 Dec. 28, 2004

CERTIFICATE OF CORPORATE INTEREST. (Steel, Laura) (Entered: 12/28/2004)

RECAP
6 Dec. 29, 2004

ORDER denying as irrelevant 4 Motion to Strike the intervening complaint, in accordance with this order . Signed by Judge Dennis H Inman on 12/29/2004. (RLC, ) (Entered: 12/29/2004)

RECAP
7 Jan. 13, 2005

MOTION for Leave to Appear Pro Hac Vice by Terry R Johnson. (Coffman, Michele) (Entered: 01/13/2005)

RECAP
8 Jan. 13, 2005

MOTION to Intervene by Terry R Johnson. (Coffman, Michele) (Entered: 01/13/2005)

RECAP
9 Jan. 14, 2005

ORDER denying 7 Motion for Leave to Appear Pro Hac Vice for Mitchell A. Tyner, Esq. Signed by Judge Dennis H Inman on 1/14/2005. (RLC, ) (Entered: 01/14/2005)

RECAP
10 Jan. 20, 2005

ANSWER to Complaint with Jury Demand by AFG Industries, Inc.(Steel, Laura) (Entered: 01/20/2005)

RECAP
11 Jan. 26, 2005

ORDER granting 8 Motion to Intervene by Terry R. Johnson. The Court would once again point out that Mitchell A Tyner, Esq., one of Mr. Johnson's attorneys, has yet been admitted pro hac vice, and must do so before further appearing in this case. Signed by Judge Dennis H Inman on 1/26/2005. (RLC, ) (Entered: 01/26/2005)

RECAP
13 Jan. 26, 2005

Intervenor COMPLAINT, filed by Terry R Johnson.(Coffman, Michele) (Entered: 01/26/2005)

RECAP
Jan. 26, 2005

First Intervenor COMPLAINT, filed by Terry R Johnson.(Coffman, Michele) DOCUMENT [12] NOT SIGNED - REFILED AND PDF DELETED - Modified on 1/26/2005 (RLC, ). (Entered: 01/26/2005)

PACER
Jan. 26, 2005

First Intervenor COMPLAINT, filed by Terry R Johnson.(Coffman, Michele) DOCUMENT 12 NOT SIGNED - REFILED AND PDF DELETED - Modified on 1/26/2005 (RLC, ).

14 Jan. 28, 2005

NOTICE of Hearing: Scheduling Conference set for 3/3/2005 09:00 AM before Honorable J Ronnie Greer. (Attachments: # 1 Notice of Availability of Magistrate Judge# 2 Sample Scheduling Order)(EBM, ) (Entered: 01/28/2005)

RECAP
17 Feb. 8, 2005

MOTION for Leave to Appear by Terry R Johnson. (Attachments: # 1)(Coffman, Michele) (Entered: 02/08/2005)

RECAP
Feb. 8, 2005

MOTION for Leave to Appear Pro Hac Vice by Terry R Johnson. (Attachments: # (1))(Coffman, Michele) INCORRECT DOCUMENT FILED - REFILED AND PDF DELETED - Modified on 2/8/2005 (RLC, ). (Entered: 02/08/2005)

PACER
Feb. 8, 2005

MOTION for Leave to Appear by Terry R Johnson. (Coffman, Michele) DOCUMENT [16] INCORRECTLY FILED - REFILED AND PDF DELETED - Modified on 2/8/2005 (RLC, ). (Entered: 02/08/2005)

PACER
Feb. 8, 2005

MOTION for Leave to Appear Pro Hac Vice by Terry R Johnson. (Attachments: # 1)(Coffman, Michele) INCORRECT DOCUMENT FILED - REFILED AND PDF DELETED - Modified on 2/8/2005 (RLC, ).

Feb. 8, 2005

MOTION for Leave to Appear by Terry R Johnson. (Coffman, Michele) DOCUMENT 16 INCORRECTLY FILED - REFILED AND PDF DELETED - Modified on 2/8/2005 (RLC, ).

18 Feb. 10, 2005

ORDER granting 17 Motion for Leave to Appear Pro Hac Vice for Mitchell A. Tyner, Esq. Signed by Judge Dennis H Inman on 2/10/2005. (RLC, ) (Entered: 02/10/2005)

RECAP
Feb. 10, 2005

Filing fee for pro hac vice appearance for Mitchell A Tyner received: $ 60.00, receipt number 14081 (FMM, ) (Entered: 02/10/2005)

PACER
Feb. 10, 2005

Filing fee for pro hac vice appearance for Mitchell A Tyner received: $ 60.00, receipt number 14081 (FMM, )

19 Feb. 14, 2005

ANSWER to Intervenor Complaint by AFG Industries, Inc.(Steel, Laura) (Entered: 02/14/2005)

RECAP
20 Feb. 23, 2005

REPORT of Rule 26(f) Planning Meeting. (Ramsey, Sally) (Entered: 02/23/2005)

RECAP
21 March 3, 2005

SCHEDULING ORDER: Jury Trial set for 4 days on 2/21/2006 at 09:00 AM in Courtroom 400 before Honorable J Ronnie Greer. Final Pretrial Conference set for 2/2/2006 at 09:00 AM before Honorable J Ronnie Greer. Dispositive Motions due by 10/21/2005. All motions in limine and objections must be filed by 1/17/2006, with responses due by 1/19/2006. Utilization of mediation deadline is 12/21/2005.Signed by Judge J Ronnie Greer on 3/3/2005. (RLC, ) (Entered: 03/03/2005)

RECAP
March 3, 2005

Minute Entry : Scheduling Conference held on 3/3/2005. (EBM, ) (Entered: 03/03/2005)

PACER
March 3, 2005

Minute Entry : Scheduling Conference held on 3/3/2005. (EBM, )

22 Sept. 15, 2005

Agreed Proposed Order (Consent Decree) by AFG Industries, Inc. (Steel, Laura) (Entered: 09/15/2005)

RECAP
23 Sept. 19, 2005

REPORT of Mediation from Robert Murrian, Mediator stating that case settled at mediation.(EBM, ) (Entered: 09/19/2005)

RECAP
24 Sept. 29, 2005

CONSENT DECREE: In compromise and settlement of these disputed claims, Defendant agrees to pay $65,000.00 compensatory damages to Terry R. Johnson. The payment is not an admission of liability by AFG. Each parties shall bear its own costs and attorneys fees.Signed by Judge J Ronnie Greer on 9/29/2005. (RLC, ) (Entered: 09/29/2005)

RECAP
25 Oct. 4, 2005

SUPPLEMENT Agreed Order to Dismiss by Terry R Johnson. (Woods, Rebecca) (Entered: 10/04/2005)

RECAP
26 Oct. 6, 2005

AGREED ORDER TO DISMISS: ORDERED that this case shall be dismissed with prejudice to all parties as to the refiling of the same; and costs are to be taxed against the Defendant.Signed by Judge J Ronnie Greer on 10/5/2005. (RLC, ) (Entered: 10/06/2005)

RECAP

Case Details

State / Territory:

Tennessee

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 28, 2004

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission, on behalf of one or more workers.

Plaintiff Type(s):

EEOC Plaintiff

Private Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

AFG Industries, Inc.

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Other Dockets:

Eastern District of Tennessee 2:04-cv-00364

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Expungement of Employment Record

Provide antidiscrimination training

Retaliation Prohibition

Amount Defendant Pays: 65000

Order Duration: 2005 - 2008

Issues

Discrimination Area:

Accommodation / Leave

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Discrimination Basis:

Religion discrimination

EEOC-centric:

Direct Suit on Merits

Private Party intervened in EEOC suit

Recommended Citation